Publication date: 08.06.2024
active and purposeful military lawyer with more than 4 years of experience
Compensation to a serviceman for unclaimed material property upon discharge
Upon discharge from military service, military personnel have the right to receive various types of compensation, in particular for unclaimed material property. This is an important aspect of the social protection of military personnel, which ensures the proper fulfillment of state obligations to them. In this article, we will consider the procedure and conditions for receiving compensation for unclaimed material property upon discharge from military service.
Legal regulation
Compensation for unclaimed tangible property is regulated by a number of normative acts, the main ones of which are the laws of Ukraine and by-laws of the Ministry of Defense. The main document regulating these issues is the Law of Ukraine "On Social and Legal Protection of Servicemen and Members of Their Families".
The procedure for providing compensation
1. Determination of the right to compensation
A military serviceman has the right to compensation for unclaimed material property in cases where:
The property, which should have been provided according to the provisions of the provision, was not issued before the release.
The property was damaged or lost through no fault of the serviceman.
2. Filing an application
To receive compensation, a serviceman must submit a relevant application to a military unit or to another authorized body. The application must contain:
List of unclaimed material property.
Justification of the reason for non-receipt of property.Copies of documents confirming the right to receive property (for example, orders, certificates).
3. Consideration of the application
The application is considered by the command of the military unit or the relevant body within the specified period. During the review, the presence of documents confirming the right to compensation, as well as the fact of non-receipt of tangible property, is checked.
4. Making a decision
On the basis of consideration of the application, a decision is made to provide compensation or refuse to provide it. In case of a positive decision, the amount of compensation is determined, which corresponds to the value of the property not received.
5. Payment of compensation
Compensation is paid on the basis of the order of dismissal and the corresponding decision of the command. Payment is made through financial institutions or to the personal account of a serviceman.
Calculation of the amount of compensation
The amount of compensation for unclaimed tangible property is determined in accordance with the current norms of provision of tangible property and its value at the time of dismissal. At the same time, the market value of the property that was not issued is taken into account.
Conclusion
Compensation for unclaimed material property upon discharge from military service is an important social guarantee for military personnel. It ensures justice and fulfillment of the state's obligations to military personnel, protecting their material interests. It is important to contact the relevant authorities in a timely manner in order to receive adequate compensation and to know your rights in order to successfully resolve this issue.
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